Volume 20, Issue 61 (4-2026)
MLJ 2026, 20(61): 111-124 |
Back to browse issues page
Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Momeni Helali N, Ramin PoorSaied R. The Effect of Panic Disorder on Criminal Liability for Abortion in Iran, Iraq and Syria. MLJ 2026; 20 (61) :111-124
URL: http://ijmedicallaw.ir/article-1-2017-en.html
URL: http://ijmedicallaw.ir/article-1-2017-en.html
1- .Department of Law, Edalat University, Tehran, Iran.
2- . Department of Law, Faculty of Law and Social Sciences, Payam Noor University, Tehran, Iran.
2- . Department of Law, Faculty of Law and Social Sciences, Payam Noor University, Tehran, Iran.
Abstract:
Background and Aim: Panic disorder is common among women and is associated with depression and frequent aggression. If a woman is pregnant, there is a possibility that she may harm the fetus. There is no specific procedure regarding the criminal liability of these women. In this study, the aforementioned situation has been studied in the three legal systems of Iran, Iraq and Syria.
Method: This study was conducted using an analytical-descriptive method and the aim was to conduct a comparative study of the effect of panic disorder on the criminal liability of abortion in Iran, Iraq and Syria.
Ethical Considerations: In all stages of writing, the research principles were followed.
Results: According to the latest scientific findings, if panic disorder is aggravated beyond normal limits, willpower is impaired and criminal acts are committed involuntarily. In the country's legal practice, where the punishment for abortion is mainly limited to blood money and in a few cases includes ta'zir and qisas, considering abortion intentional has no significant legal effect. In the former Syrian legal system, criminal liability was removed as soon as the disease was diagnosed, but in the new legal system, absolute liability for this criminal act is considered. In the Iraqi legal system, the diagnosis of the disease and its activation at the time of abortion requires the removal of criminal liability.
Conclusion: According to the rules for assigning criminal liability in our country, also considering the possibility of qisas and ta'zir for the aborted fetus and the possibility of changing laws in the future, it is necessary that the severity of panic disorder be assessed at the time of abortion and, if it exceeds a certain limit, the criminal liability of the mother of the fetus is completely removed. As a preventive measure, it is necessary to prevent pregnancy until the mother recovers. Preventive measures were only evident in the former Syrian judicial system and the Iraqi government has not taken decisive action in this regard.
Please cite this article as:
Momeni Helali N, PoorSaied R. The Effect of Panic Disorder on Criminal Liability for Abortion in Iran, Iraq and Syria. Medical Law Journal. 2026; 20: e8.
Method: This study was conducted using an analytical-descriptive method and the aim was to conduct a comparative study of the effect of panic disorder on the criminal liability of abortion in Iran, Iraq and Syria.
Ethical Considerations: In all stages of writing, the research principles were followed.
Results: According to the latest scientific findings, if panic disorder is aggravated beyond normal limits, willpower is impaired and criminal acts are committed involuntarily. In the country's legal practice, where the punishment for abortion is mainly limited to blood money and in a few cases includes ta'zir and qisas, considering abortion intentional has no significant legal effect. In the former Syrian legal system, criminal liability was removed as soon as the disease was diagnosed, but in the new legal system, absolute liability for this criminal act is considered. In the Iraqi legal system, the diagnosis of the disease and its activation at the time of abortion requires the removal of criminal liability.
Conclusion: According to the rules for assigning criminal liability in our country, also considering the possibility of qisas and ta'zir for the aborted fetus and the possibility of changing laws in the future, it is necessary that the severity of panic disorder be assessed at the time of abortion and, if it exceeds a certain limit, the criminal liability of the mother of the fetus is completely removed. As a preventive measure, it is necessary to prevent pregnancy until the mother recovers. Preventive measures were only evident in the former Syrian judicial system and the Iraqi government has not taken decisive action in this regard.
Please cite this article as:
Momeni Helali N, PoorSaied R. The Effect of Panic Disorder on Criminal Liability for Abortion in Iran, Iraq and Syria. Medical Law Journal. 2026; 20: e8.
Type of Study: Original Article |
Received: 2025/08/30 | Accepted: 2025/12/30
Received: 2025/08/30 | Accepted: 2025/12/30
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
